Peck v. Brummagim

Citations

• 31 Cal. 440

Syllabus

<p>Gift by Husband to Wife.—The husband, when free from debts and liabilities, may make a gift to his wife of either real or personal property which at the time was the common property of the husband and wife, and the same will become her separate property, and* will not be liable for debts by him afterwards contracted.</p> <p>Idem.—If the husband purchase land and pay for the same out of the common property, and direct the conveyance to bo made to the wife as a gift, it vests the title in her.</p> <p>Heed to either Husband or Wife.—The presumption that land is the common property of husband and wife, when the conveyance is made to either and recites a valuable money consideration not stated to have been the separate property of either, is not a conclusive presumption of law, hut parol evidence may be introduced to show that the title was taken as the separate property of one of the spouses.</p> <p>Idem.—Whether the above rule applies as against those who have bought from the husband without notice, relying on the apparent title, not decided.</p> <p>Erection of House on Wife's Separate Property.—If the husband uses money which is the common property of the husband and wife in erecting a house on land which is the separate property of the wife, the house, if it is a part of the realty, becomes the separate property of the wife.</p> <p>Administrator of Deceased Husband.—The administrator of a deceased bus- • band cannot maintain any claim against the surviving wife in relation to property claimed by her as her separate property, which the deceased husband could not have successfully asserted in his lifetime.</p> <p>Creditors of Deceased Husband.—If the husband has during his lifetime conveyed property to his wife so as to make it her separate property, without making the conveyance to defraud his creditors, the general creditors after his death cannot have it declared common property, for the purpose of applying its proceeds in payment of their claims, nor can they en